Bases of Discrimination

Age discrimination is present if an individual is 40 years of age or older and is treated unfavorably in the terms and conditions of his/her employment. In an allegation of age discrimination, both individuals can be over age 40.

Color discrimination occurs when an individual is treated differently from others who are similarly situated because of the color of their skin. Color is a separately identifiable type of discrimination, which may occur with or without racial discrimination. Color discrimination can occur in the absence of race discrimination when members of the same race are treated differently because of their skin color.

Disability discrimination occurs when an individual is treated differently from others because of a disability. It can also happen when an employer fails to make reasonable accommodation for qualified disabled employees and applicants. A disability is defined as a physical or mental impairment that substantially limits one or more of a person's major life activities.

National Origin discrimination is broadly defined as including, but not limited to, the denial of equal employment opportunity because of an individual's ancestor's country of origin. It also includes individuals who are treated differently from others because they have the physical, cultural, or linguistic characteristics of a particular national origin group.

Racial discrimination is present when people are treated differently than others who are similarly situated because they are members of a specific race. It can occur when an individual is treated differently because of unalterable characteristics, such as physical features indigenous to their race.

Religious discrimination occurs when an employment rule or policy requires a person to either violate a fundamental precept of his or her religion or lose an employment opportunity. It can occur when an employer fails to provide reasonable accommodation, such as altering work schedules.

Reprisal discrimination is any act of restraint, interference, coercion, discrimination, or reprisal against any person who has raised an allegation of discrimination, represented a person raising such an allegation, acted as a witness to such an allegation, or served as a witness or an EEO official in processing such an allegation.

Sex discrimination occurs when an employee is treated adversely because of his/her sex. Sex discrimination includes sexual harassment and discrimination in the payment of wages due to a person's sex. Sexual harassment is defined as deliberate, repeated, unsolicited, and unwelcome verbal comments, gestures, or physical contact of a sexual nature occurring in the workplace or work related environment.

Sexual Orientation means homosexuality, bisexuality, or heterosexuality. Executive Order 13087, issued on May 28, 1998, prohibits discrimination based upon sexual orientation within Executive Branch civilian employment. The Executive Order states this policy uniformly by adding sexual orientation to the list of categories for which discrimination is prohibited. The other categories are race, color, religion, sex, national origin, handicap, and age. Employees and applicants may not seek relief from the Equal Employment Opportunity Commission or file a discrimination complaint under title VII of the Civil Rights Act of 1964, as amended, because that law does not prohibit discrimination based upon sexual orientation. See DHHS EEO Offices for special procedures on processing allegations of discrimination filed on the basis of sexual orientation.